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October 10, 2017

Enforcement of OSHA’s respirable crystalline silica standard for construction went into effect on Sept. 23, but the agency announced a 30-day enforcement phase-in to help employers comply with the new standard. That gives employers about 2 more weeks of leeway on compliance. Compliance assistance will be offered to employers making good faith efforts to comply during the first 30 days, but citations may be considered for employers not making any efforts to comply.

The Respirable Crystalline Silica construction standard, 29 CFR § 1926.1153, establishes a new 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 50 µg/m3, an action level (AL) of 25 µg/m3, and a host of ancillary requirements. During the first 30 days of enforcement, OSHA will carefully evaluate good faith efforts taken by employers in their attempts to meet the new construction silica standard. OSHA will render compliance assistance and outreach to assure that covered employers are fully and properly complying with its requirements. OSHA has also published a silica compliance guide to help small businesses comply with the new rule.

Silica Dangers

About 2.3 million people in the U.S. are exposed to silica at work. Respirable crystalline silica is created when cutting, sawing, grinding, drilling or crushing stone, rock, concrete, brick, block and mortar. Activities that result in worker exposures to respirable crystalline silica dust include:

Silicosis, an incurable lung disease that can lead to disability and death

Lung cancer

Chronic obstructive pulmonary disease (COPD)

Kidney disease

New Silica Standards for Construction and Maritime

OSHA has issued two new respirable crystalline silica standards: one for construction, and the other for general industry and maritime. OSHA began enforcing most provisions of the standard for construction on September 23, 2017, and will begin enforcing most provisions of the standard for general industry and maritime on June 23, 2018.

On December 22, 2017, OSHA's silica rule survived a court challenge and remains in effect, with a three-judge panel rejecting all five objections raised by industry groups. The U.S. Chamber said it is reviewing the decision, adding that "we continue to believe that OSHA lacks substantial evidence to support its rule."